News & Insights

Research, training and international collaborations

De Luca & Partners’ Think Tank manages and coordinates research, training (internal and external) and editorial activities on labour law matters, protection of personal data and administrative liability of entities.

De Luca & Partners invests in researching and disseminating Employment Law material and for this reason collaborates with Il Sole 24 Ore and with the main employment law publications.

ALL NEWS AND INSIGHTS

30 January 2017 • Insights

Timeliness of notification upon full knowledge of the fact

The Court of Cassation, with judgment No. 50 dated 3 January 2017, intervened in the matter of dismissal for cause, clarifying that the timeliness of a disciplinary notice must be assessed with reference to the time when full knowledge of the fact is acquired, stating instead that for that purpose a mere suspicion is not ....

30 January 2017 • Insights

The employer’s decisions in dismissal for justified objective grounds are unquestionable

The Court of Cassation, with judgment No. 25201 dated 7 December 2016, issued a new judgement on the matter of dismissal for justified objective grounds. In particular, the Court of Cassation noted that Article 3 of Law 604/66 does not require that “adverse situations” or situations entailing “considerable extraordinary expenses” must be invoked as the ....

30 January 2017 • Insights

As part of a contract, the burden of proof regarding safety in the workplace must be borne by the customer

The Court of Cassation, with judgment No. 798 dated 13 January 2017, stated that the customer, whenever the work environment remains available to the latter, shall take all appropriate measures to protect the well-being and health of workers, including the contractor’s employees. In particular, according to the Court, these measures consist in (i) providing workers ....

30 January 2017 • Insights

Mandatory repêchage in affiliated companies: the burden of proof must be borne by the employer

The Court of Cassation, with judgment No. 160 dated 05 January 2017, issued a new judgement on mandatory repêchage in affiliated companies. In the case under review, an employee was dismissed for justified objective grounds by a subsidiary company whose 80% was owned by another one, without offering any repêchage possibility. Against the dismissal, the ....

30 January 2017 • Insights

Did you know that to an employee subject to growing protections in case of dismissal it is possible to submit a settlement offer?

An employer who dismisses an employee enjoying increasing protections can make a settlement offer at the time of the administrative proceedings or when dealings with trade unions and authorities within 60 days from dismissal, for the sole purpose of avoiding lawsuits. The settlement offer would be in the amount of one month’s salary as per ....

30 January 2017 • Insights

Dismissal on exceeding the maximum number of sickness absence days

The Court of Cassation, with judgment No. 284 dated 10 January 2017, intervened on the subject of dismissal on exceeding the maximum number of sickness absence days by primarily stating that the calculation must not consider the afternoons during which the worker is subjected to specific medical treatment, when the worker, on a part time ....

20 January 2017 • News

Round table “Reshoring opportunities for the manufacturing sector in Lombardy” – Invest in Lombardy days, Milano (7 febbraio 2017)

Vittorio De Luca  will participate in the round table “Reshoring opportunities for the manufacturing sector in Lombardy”, which will be held on 7 February at the headquarters of the Lombardy Regional Authorities during the 5th edition of “Invest in Lombardy days”.